I. Introduction:
The basic procedure for filing the trademark revolves around the following steps;
A. Trademark Search: Before filing any form with the Trade Mark registry, one must carry on the Trademark search on https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx. The Search or widely known as Public Search gives an exhaustive list of all the marks which are visually or phonetically similar to the mark to be applied for. This search gives an elaborate idea of whether to proceed with the registration of the mark or to look for another name (in case of any similarities found). However, it is best to consult an attorney or an advocate to search for any similar names on the Trademark registry.
B. Basic documents required :
1. In the case of an individual or sole proprietor
a. Any identity proof
b. Any residence proof
c. Duly signed TM-48 (Power of Attorney) (Optional)
2. In the case of a MSME Company/LLP/OPC
a. MSME Certificate
b. Duly signed TM-48
3. In the case of a Company/LLP not registered with MSME
a. Incorporation Certificate
b. Printed version of Logo (if applicable)
c. Identity proof of signatory
d. Residence proof of signatory
C. Trademark filing - TM - A
After gathering all the documents, fill up the TM-A form available on the Trademark website after logging into the same with your log-in credentials.
D. Examination Report
Once TM-A has been filed along with all the documents, an application number will be generated. This application number is the identity of the trademark. The status of the trademark application can be traced on https://ipindiaonline.gov.in/eregister/eregister.aspx by filling up the application number.
If the examiner is satisfied with the application form, the form will be published in the Journal.
If the examiner finds any objection to the application, a detailed examination report shall be sent at the registered email id and simultaneously uploaded on the Trademark website(supra). The reply to the examination report is to be sent within 30 days from the date of receipt of the examination form.
E. Opposition
Once the application has been published in the Journal, the public gets a period of four months to file their opposition with respect to the registration of the trademark. Such oppositions are filed by the opponent if there is any likelihood or similarity with their marks.
Procedure :
i.TM-O & Counter- Statement: The Opponent files TM-O and the same is to be replied by the applicant via Counter statement within 2 months from the date of receipt of the TM-O.
ii. Evidence: Evidence in support of the opposition, evidence in support of applicant, and reply, if any needs to be filed within 2 months from the receipt of respective evidence along with all supporting documents.
F. Hearings:
Upon submission of all the requisite documents, parties are called upon on scheduled dates for the hearing.
G. Order:
The Learned bench passes the order as per the submission made out and document submitted by the parties.
If the mark is not admitted, the party still has the option to file an appeal before the competent authority.
If the mark is admitted, a certificate shall be sent electronically at the registered email address and shall be uploaded on the website.
NOTE: The registration shall be valid for 10 years from the date of the application (when TM-A is filed with the Trademark registry).
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